1979-06-25 CITY COUNCIL REGULAR MEETING MINUTES183
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JUNE 2S, 1979, AT 7:S0 P.M. IN THECITY'HALLS'2SSSN~ TEXAS AVENUE,
PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
City AttOrney
City Secretary
Tom Reid
Dennis Frauenberger
Fran Coppinger
Charles Mack
Carlton McComb
Morris Wilson
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by A. E. Klosterman, Chairman of the Charter Review
Commission. The Pledge of Allegiance was led by Councilman Wilson.
APPROVAL OF MINUTES:
It was moved by Councilman Frauenberger, seconded by Councilman McComb that the
minutes of the regular meeting held on June 2S, 1979, be approved as submitted.
Motion passed S to 0.
MAYOR'S ACTIVITY REPORT:
The Mayor advised that there has been considerable concern in Brazoria County
about the affect the odd-even plan in Harris County would have on the gas supply
in our area. Mayor Reid read a wire that he had sent to the Governor on behalf
of the City Council asking that the Governor's Odd-Even Plan be extended to
Pearland and Brazoria County. Mayor Reid reported that he had talked with Jerry
Benedict's office in Austin, and while he is not the Representative from the
Pearland area, he has been a very strong reporter of events transpiring in Austin.
Representative Benedict's office furnished information to be distributed to the
Gas Station Owners on how to request increased allocations for this area. This
information was passed on to the Station Owners in the form of a memo from the
Mayor.
COUNCIL ACTIVITY REPORTS:
Councilman Wilson advised that the Chief of Police has nominated Officer Jule
Bertothy for a Parade/IACP Police Service Award. Councilman Wilson asked that
the Mayor write a letter of commendation for Jule Bertothy to the International
Association of Chiefs of Police.
Councilwoman Coppinger asked City Manager Wolff to distribute literature that
she was able to obtain on car sharing programs. She asked that this be distributed
around Pearland.
DEPARTMENTAL REPORTS:
City Manager Wolff advised the City Council that the Police Department was having
some difficulty in keeping traffic moving around the gas lines. The Chief of
Police has met with station operators last week to discuss traffic problems
brought about by long gas lines.
CITIZENS: None.
DOCKETED PUBLIC HEARINGS: None.
UNFINISHED BUSINESS:
ORDINANCE NO. S97, AN ORDINANCE OFTHE'CITYOFPEARLAND AMENDING CHAPTER 29,
DIVISION 2, SECTIONS 29.S1 AND 29.S2 REGARDING THE TERM "TRAFFIC ENGINEER":
Ordinance No. S97 was read in caption by Mayor Reid. (Second reading)
It was moved by Councilman Wilson, seconded by Councilman Mack that Ordinance No.
S97 be passed and approved on second and final reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. S97
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER
29, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF
PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS
CONTAINED THEREIN; AMENDING CERTAIN OTHER SECTIONS OF CHAPTER
29 RELATING TO THE WORD "TRAFFIC ENGINEER"; PROVIDING AN
EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT.
Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None. Motion passed 5 to 0.
RATIFICATION OF EASEMENT FROM ALEXANDER ESTATE ON OLD ALVIN RD. AND GALVESTON AVE.:
This item to be on the next agenda.
ORDINANCE NO. 398, AN ORDINANCE CLOSING ALLEY IN BLOCK D OF OLD TOWNSITE:
Ordinance No. 398 was read in caption by Mayor Reid. (Second reading)
It was moved by Councilman Frauenberger, secondedby Councilman McComb that
Ordinance No. 398 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 398
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING THAT
THE PUBLIC ALLEY SITUATED IN BLOCK D OF THE OLD PEARLAND
TOWNSITE BE VACATED, ABANDONED AND CLOSED; PROVIDING FOR
THE REVERSION OF THE FEE IN SAID LAND; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING
TO THE SUBJECT.
City Attorney Williams advised that after the ordinance was passed, it was still
necessary that the deeds be given to the abutting property owners along this
alley.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Fran Coppinger.
Voting "Nay" - None. Motion passed S to 0.
ORDINANCE NO. 399, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON DIXIE
FARM ROAD FROM MCDONALD DRIVE TO NORTH CITY LIMITS:
Ordinance No. 399 was read in caption by Mayor Reid. (Second reading)
It was moved by Councilman Coppinger, seconded by Councilman Wilson that Ordinance
No. 399 be passed and approved on second and final reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 399
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S
TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR
PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
"A e"
Voting y - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger
Councilman McComb, and Councilman Wilson.
"Na" .
Voting y - None Motion passed 5 to 0.
185
NEW BUSINESS:
PRESENTATION OF CHARTER, REVIEW COIv~vIISSION ' S REPORT:
Chairman of the Charter iew Commission, A. E. Klosterman, made ~he following
report:
A.'E. Klosterman
3207 Regal Oaks
Pearland, Texas77581
Honorable Mayor & City Council.
City of Pearland
Pearland, Texas
Gentlemenl
May 21, 1979
.As directed by Section 10.15 of the Charter of the City 0f. Pearland,
the 1979 Charter Review Commission has inqulredinto the~perations
--of the City Government. After several'meetings among ourselves and
with City officials, we. have concluded that the following'observat- ions and recon~endations should be made,
': .' :'1, Section 4,08'- Department of Health and Sanitation '
" "-:.-"'Officerfno shall be the director of this department. It is. "
:'::'-:'~:' our understanding that Dr. David R. Armbruster is this Health
.- Officer, but that he is not functioning' as called for by the
.'. :"-. provlsionsin this section of the Charter. -
'-~'j" '. '. We alsounderstand that Dr. Roger Cadraider was serving
· .-."'. as City Health Inspector, but that these services were termlnated
::!'/~::in Dec. :1978.-' He was designated as "Health Officer" in the
, .0
:%"::",:',' Sept. 3 , ,1978 Annual Financial Report' at a 'monthly salary of"
"',':" $250. .We believe the City is now searching for.another inspector -.
':::'%"~' whose duty it would be to' check thatthe various sanitary codes.
-2'.7:.!/. Sec~ion 4.08 also requires a competent sanitation engineer
':"':':""'~,,'.to 'establlsh air 'and water pellutlon standards. We understand
· ' ' that city engineer Malcolm Collins is serving in this capacity,
:~,,,E-:',,,.' but we*re not sure of results. · '
· --'. ': · '~he Charter Review C~mmission recommends that the City
: Councll and the City Manager do whatever is possible to strengthen
., the personnel and activities of this Department so that its duties
as set out by the Charter can be more effectively-discharged.
.' ...-i--,.... .... ......:.,.:. -...,-....,,:..~
2, section 4.10 - Department of Public Works -.- "
· ". Section 4.11 -.Department of Public Safety '
.~.: Sectlon.4.12 - Department of Parks, Recreation,' and Beautificatio~
'!'..~It was noted durlng'~r investigations that the actual ope~atlons
".of the City in .the above areas do not exactly conform with the funct-
ions set out--in-the 'Charter. We understand that these variances are
' 'necessary for the efficient operation of the' City Government, and that
~-I the provisions of the Charter are nevertheless being complied with
-through the operation of Section%'. 4.13 - Other Departments. 'Even
~. thoughwe are not now recommending speelfie Charter amendments to
-bring the Departments provided for in the Charter in agreement with
the present organizational framework of the City, we feel that at
sometime in the future this might very well be done.
"3. Section 8-17 -Purchase Procedure
~ We recommend the following amendment~ Change ~he wording, "for a11
"budgeted items not exceeding Two Thousand Dollars." to read, "subject
-".:- to such requirements and/or limitations as provided by State'Law,"
'r' Also,' in the nex~c sentence change the wordlng,."'Two Thousand Dollars"
to read, "these requirements and/or limitations,. . .
4. We would llke to call your attention to the following mls-.
spellings s " , :.
SectiOn 8.04 Fift word, second .linel should be "various" rather
" ' ' s%hird linel should be "County" rather
Section 8.11 , -.
than "Councy." , .. :'-'
Section 8.14 Fourth word, last Iinel should be "~otal'! rather
than "totel." -
Section-10~15 Seventh and eighth wordst next to las~ linel
: should read "or funds" rather than "of rundsj"
Section. 10.08 Fourth word, second linel should be "consanguinity"
.- rather than "consanguity."
Suggest these corrections be made when the Charter .is reprinted. --
ResPectfull~F submitted ,' ' '
A.'.=E. Klosterman', Chairman ..
Mercy S inglet0n ' '... ' ' ' : , :
Carlton Baker :"'. .. - ·
Rudy Pesl ' .: '-". · "-'.' "'. "':
Richard Tarrer -:
· . :-... .,.... .. .: .
:.' :~.. . The Ci'ty"A~tQTney.]'mad~=:t.h:e~ following report on' the' 'Charter ReV~6w C0mmi'ssion's :.:' ',-'
. -......: -.. . · : ., :...::.,'..:.: . '::~:,.:.'.' · . ... · . ,, . .-. .:.
I.,.:': :' '- _..: .' :~. ....
.' ".:. :': :"'Honorable ' & ':: · ·
..... cil: · " :
.= City of Pearland,. Texas . ' ': ' ..' :'
. , . . . . .... ~..' : , · ~': .
:.'.->i'-.-'-' .',..:"-:: ~.::.:' :: ..· '...':......:
· . '.. ~.:'.:. ~=..o~: 197~'~er~ ~ss~on and ~ts'by c~ty ~ttomey"~
."" regarding' Report~ · · ' . · ':
"' . Gentleman'.-". ' .:'': ::':'-: '" '' :
': " PurS,_~t to.'seetl~:10.15'o£ the Charter of the City of Pearlan~, the :' -
undersigned acting City Attorney hereby submits his conmerits and reconnnndations
.;regarding the '1979 Charter Review Conmission Report under date of May. 21, 1979 ~
.... The eonrnents' and reconmendations will be taken in the order presented in 'the .--
: Revlew Report,'' : . ' '
-1. Section '4,08'- Department of Health and Sanitation.
I have no eonrnen~s or reeonmendatLons other than ft is my understanding .
that the City 'Manager is in the process of reorganizing'this department by the -
hiring of a new health inspector and ·also coordinating more activities with the
presen~ Health .o££icer;.and tha~ the Review Conmission reeomnendation is well
taken .....
· ,. .... · ...L-'
· 2. Section ~. 10 - Department of Publie ~orks . ':
Section 4. il ~ '.Departmen~ of Public Safety ":'
· Section 4.12 - Department of 'Parks, Recreation, and Beauti£fcation
I' .think the City Manager would be 't~e persbn best. suited for bom~n~ 'and
· ' recanvandatfon regarding this portion' of the repo.rt. " .
3o Section. 8.17 'L Purchase procedure -
~nis reconrnendation by the' Conmission is ~ ke~ wi~ the desires of the
City' staff and-I wo~ld reconmend that Section 8, 17 be amended according to the ,
reconmendation. (with possible-change~of wording, if necesSary)'-'and-that such .
amendment be .submi~ted to the voters for approval'.' " ,
--'.-- / ..
spelling '
"' 4 Mis ' "'
Please 'note that :the various mis-spelled wordS as 'indicated' in the' report
were words that were mis-spelled in the copy reprints of. the Code of Ordinances,
'=' "' 'T "':- ' ......~ ....i'''~' '!T _~
............. ~,_..~, :.. :::=~ -7-~ : ..... .::-~. ......!--! ............
The wording in the original Code is correct. I feel no action is necessary
regarding this matter other than correcting future reprints of the Code.
If you have any questions or ~ts regarding this report please advise.
Iremain
Yours very truly~
B W/bk
cc: Ao E. Klostennan, Cb~rman
Mercy Singleton
Carlton Baker
Rudy Pesl
Richard Tatter
It was moved by Councilman Wilson, seconded 'b.y Councilman McComb that the report ·
of the C'harter Review Commission along with the City Attorney's Report be received
into '-the records of the Cit'y.. Motion passed 5 to 0~ -
REV'IEW~OFB.!DS RECEIVED.UNDER BID NO. B79-7, CABS.AND CHASSIS, MODULAR AMBULANCE
BODY AND TRANSFER OF MODULAR' BODY TO NEW CAB AND-CHASSIS:
The following bids were receive.d and opened at 12:00 Noon~ June 22, 1979:
VENDOR DELIVERY DATE ITEM A ITEM B ' ITEMC
SuperiOr Southwest, Inc. 60,days $12,076.00 $20,661.00. $3,175.00
less 1%
~apital Ambulance SUpply 60-90 d.ay~' (Joint bid) $31,429.00'
KliesinB Motor Co.
'7,961.46
BID SECURITY
5% Bid BOnd.
Company Check
$1,571.00
*This bid had the following'notation: "This bid.contains Chevrolet Motor Division
options only. No 1979 models available - 1980 models'would be ordered under same
conditions 1% above cost. 1980 prices not available at this time. Kliesing MotOr
Company will not put up bid bond or any check. Kliesing Motor Company must have
l'/-paymen~' wi~hin-~'en (10)-'d~ys~after shipment from factory,"
Mr. David Smith, representing the Pearland Emergency Medical Services recommend'ed
that Superior gouthwest, Inc. be awarded. the bid as being the best bid and ~he'
..delivery. date was by far le~s time as well as'tHe fact that this
the equipment presently used by the EMS.
'It was moved by. Councilman; Frauenberger, SecOnded by Councilman McCombthat Bid No.
B79-7 b? awarded'tS'~Uperior SouthWes~ Inq. for two cabs and chassis?Sne modular .
ambul'ance body, and the labor and materials necessary to mOUnt the. existing modular
ambulaHCe body on. the new chassis; $12,076.00 eagh per cab and chassis; $20,'661~00"-
for the modular ambulance body; and $3,17S.00 'for ~he remount of the'present ·
ambulance bOdy,'andthat the necessary ordinance for authorizing Time ~arrants for
paymeAt be prepared by 'the CityA~t0rney.' Motion pas~d"6-to'0.
RESOLUTION NO. R79-16, A .RESOLUTI.ON'RE~UESTING THAT~THE'GOVERNOR"S 'ODDsEVEN PLAN'.
BE APPLICABLE ..~N TH~ PEARLAND CITY LIMITS:
Reso'lu~i0n"No.' R79-46 was read ~n full by CSUncilmanMack. .
It was moved by COuncilman Mack seconded by'Councilm~n Frauenberger 'that Resolution
188
No. R79-16 be passed and approved on first and only reading.
in caption as follows:
RESOLUTION NO. R79-16
Said Resolution reads
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REQUESTING THAT THE GOVERNOR'S ODD-EVEN GASOLINE
RATIONING PLAN SHALL BE APPLICABLE AND EFFECTIVE WITHIN
THE CORPORATE LIMITS OF PEARLAND, TEXAS.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Coppinger.
Voting "Nay" - None. Motion passed 5 to 0.
MEETING RECESSED AT 8:25 P.M. - RECONVENED AT 8:40 P.M.
REPORT FROM PLANNING AND ZONING COMMISSION ON APPLICATIONS 70 AND 71 (AMENDED)
GAIDO-LINGLE, INC.:
Mayor Reid read a report from the Planning and Zoning Commission dated June 20,
1979, advising that the Commission met on June 5, 1979, and the following motion
was made regarding Applications 70 and 71:
"A motion was made by Joe Weber that the Planning and Zoning Commission recommend
to City Council that Applications Nos. 70 and 71 Amended, Gaido-Lingle Co. be
approved subject to the 350 feet commercial storage being omitted from the one
application and remaining commercial and also including Mr. Bellew's property in
the rezoning. The motion was seconded by Clyde Starns and passed by a vote of
4-0."
After discussion on the applications (as amended), the City Attorney advised that
Mr. Bellew's property referred to in the motion from the Planning and Zoning
Commission would have to go through the process of application and notices to
abutting property owners within 200 feet. The motion to approve Applications
70 and 71 should exclude any mention of Ray Bellew's property.
It was moved by Councilman Mack, seconded by Councilman Wilson that Applications
70 and 71 be returned to the Planning and Zoning Commission for reconsideration
and clarification. Motion passed 5 to 0.
OTHER BUSINESS:
MEETING RECESSED AT 8:4S P.M. TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW
SECTION 2, SUBSECTION (g) PERSONNEL.
RETURN TO OPEN SESSION AT 10:00 P.M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION.
ADJOURN: Meeting adjourned at 10:01 P.M.
roved as submitted and/or corrected this ~ day of
, A. D., 1979. ~
ATTEST:
Mayor
City